Chicago Journal of International Law


In this Article, I will argue that both of these legal regimes are misconceived. Both regimes assume that cultural property is distinctive or special, and therefore different from ordinary property; however, it turns out that it is hard to make sense of this assumption. There is no good argument for international legal regulation of cultural property, during peacetime or wartime. I argue that the UNESCO Convention likely has perverse effects and that the treatment of cultural property would improve, even during wartime, if the current regime of international regulation were abolished.